15-763.01. Surrogate parent; notification; appointment

A. A petition for the appointment of a surrogate parent for a child with a disability shall be made to the department of education if any of the following conditions has been met:

1. A parent as defined in 34 Code of Federal Regulations section 300.30 cannot be identified.

2. A public agency cannot determine the whereabouts of a parent, after having made reasonable attempts.

3. The child is a ward of the state, and a parent as defined in 34 Code of Federal Regulations section 300.30 cannot be identified or a public agency cannot determine the location of a parent after having made reasonable attempts. In the case of a child who is a ward of the state, the surrogate parent may alternately be appointed by the judge who oversees the child's case if the surrogate parent meets the requirements of this section.

4. The child meets the criteria of an unaccompanied youth as defined in the McKinney-Vento homeless assistance act (42 United States Code section 11434a(6)).

B. If allowed by state and federal law, the department of education shall notify the court of competent jurisdiction if the department of education appoints a surrogate parent for a ward of the state pursuant to subsection A of this section.

C. In order for a person to be eligible to receive an appointment as a surrogate parent for a child with a disability, all of the following must be true:

1. The person shall be determined by the department of education to possess knowledge and skills that will ensure adequate representation of the child.

2. The person may not be an employee of a state agency if that agency is involved in the education or care of the child.

3. The person may not have any interests that would conflict with the best interests of the child.

4. The person shall have a valid fingerprint clearance card issued pursuant to title 41, chapter 12, article 3.1.

D. A person who is appointed as a surrogate parent for a child with a disability shall not be deemed to be an employee of the state solely as a result of serving as a surrogate parent and receiving compensation for that service.